Individuals convicted of a sex offense must typically register in the state in which they were convicted and any states in which they move to. The duration of registration depends upon the conviction and varies from years to decades or life.
Anyone who helps a sex offender avoid registration obligations faces a felony charge of harboring, concealing or withholding information regarding a sexual offender. The length of time an offender must register varies depending on their risk level and whether they have a designation such as Sexual Predator or Sexually Violent Offender.
Level 1 Offender
After being convicted of a sexual crime, people must register as sex offenders. This process takes a few days, and involves visiting a sheriff’s department or police station to provide an electronic fingerprint, blood sample, mailing address and all names and aliases. The information is then provided to a state registry. Some states also require that registrants provide a photo, and re-register annually.
If you are a Level 1 offender, you must be on the registry for 20 years unless you have a designation as a predator, violent offender or predicate sex offender, in which case you must register for life. In addition to registration requirements, sex offenders can be barred from living within a certain radius of schools, playgrounds and daycare facilities.
As with tier 2 and tier 3 offenders, sex offenders can petition to be removed from the registry after a certain amount of time has passed since their conviction. In order for the offender to be eligible for removal, they must prove they have not committed any new offenses and are undergoing counseling or treatment.
While it is possible to get off the registry, it’s not necessarily easy. If you are looking to move on with your life, it is best to seek legal help from a firm that specializes in criminal law and sex offences.
Level 2 Offender
Once a sex offender registers, their neighbors, friends, relatives, coworkers and other members of the community can access detailed personal information about them. This includes their name, address, photograph and a summary of their criminal record. This information is also shared with any police department that may encounter the offender or to the Sex Offender Registry Board. It is also possible that a registered sex offender could be denied housing options close to schools, daycares and playgrounds.
Registrants are categorized as Level 1 or Level 2 offenders depending on their risk of re-offending and their perceived threat to the public. In some cases, a person could be classified as a Level 3 offender because of their alleged propensity for repeat sexual violence and the nature of the offense for which they were convicted.
Level 2 offenders are considered a moderate recidivist risk. In this category, it is likely that a person will have to register for life. However, there are limited circumstances where a registered sex offender could seek relief from this requirement by proving that they do not qualify as a Level 2 offender or that they pose a minimal or moderate re-offending risk.
Individuals who wish to apply for Level 2 relief from registration requirements must request a hearing within 20 days of receiving their preliminary classification. During the hearing, they can choose to accept the preliminary classification and waive their right to appeal or request a review of the materials and factors reviewed as part of the preliminary classification.
Level 3 Offender
A sex offender’s risk level will have a direct effect on how long he or she must register. The lowest level of offenders can require up to twenty years of registration, while the highest levels may require life registration. A person’s level will be determined by the crimes that they committed and the state’s assessment of the probability that they will commit a new sex crime in the future.
When someone is classified as a Level 3 offender, it means that the state thinks they pose a high risk of repeat offenses. This category includes offenders convicted of crimes such as rape, sexual assault, aggravated criminal sexual contact and indecent exposure.
People in this group must register for life, and their information will be public knowledge in the community. Police must notify neighbors and surrounding areas with flyers that include their name, photograph and summary of their criminal record. The information is also given to schools, community groups and the offender’s employer.
A Level 2 offender can apply for relief from the registry after 10 years, provided that he or she does not have any designations attached to their risk level such as predator, violent offender or predicate sex offender. Anyone who wants to request sex offender information can do so by contacting local police departments or the Sex Offender Registry Board.
Predicate Offender
In some states, those who commit certain crimes may be required to register as sex offenders. These include aggravated sexual assault, criminal sexual contact of a minor, endangering the welfare of a child through acts of pornography featuring a child or luring or enticing, and other crimes that are defined as sex offenses in state law.
A judge will determine the offender’s risk level and duration of registration at a sentencing hearing. Different levels of offenders have to register for varying periods of time depending on their risk level and whether or not they are designated as a sexual predator, sexually violent offender or predicate sex offender.
People must usually register within a short period of time after their conviction or release from prison. They must also re-register at each new address, including secondary addresses that they may use for work or school. Additionally, they must re-register within a few days of any change to their name or email address.
If you are convicted of a sex crime, it is important to seek legal representation to ensure that you comply with all of the relevant laws. Nicole Blank Becker is a highly experienced sex offender defense lawyer who knows how to fight to have your case reconsidered by the court. She is committed to justice and will do everything she can to help you avoid the harsh penalties that come with a failure to register.
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